Offshore Platform Owner Wins Summary Judgment Against Services Contractor’s Injured Employee
Posted on Mar 6, 2015 in Energy/Environmental, Workplace Safety | Comments Off on Offshore Platform Owner Wins Summary Judgment Against Services Contractor’s Injured Employee
An owner and operator of an offshore platform hired a services contractor to diagnose and repair a malfunctioning vertical caisson pump used to pump seawater up to the platform. The services contractor’s employee was injured in performing the work and brought suit against the operator. Last week, the U.S. District Court for the Eastern District of Louisiana granted summary...
Work Product Protection Does Not Extend To Claims Investigator’s Report In Admiralty Case
Posted on Mar 5, 2015 in Investigations, Litigation, OSHA, Transportation | Comments Off on Work Product Protection Does Not Extend To Claims Investigator’s Report In Admiralty Case
Company A chartered a barge to Company B as a platform for A/C generation and refrigeration of fish products. In the summer of 2011, the President of Company A wrote to Company B requesting that it examine the barge for potential electrolysis given fears that the barge had developed a starboard list. Company B responded that it did not have responsibility or the time to inspect...
Pollution Exclusion Applicable When Underlying Suit Alleges Exposure To Migrating Vapors
Posted on Mar 4, 2015 in Litigation | Comments Off on Pollution Exclusion Applicable When Underlying Suit Alleges Exposure To Migrating Vapors
The U.S. District Court for the Southern District of Texas granted summary judgment last week to an insurer finding it had no duty to defend a case brought against its insured for damages allegedly caused by vapors emitted from spray polyurethane foam (“SPF”) insulation. The insurer had issued a commercial general liability policy to the manufacturer of the insulation....
State Supreme Court Issues Contentious Spoliation Ruling
Posted on Mar 3, 2015 in Investigations, Product Liability, Transportation | Comments Off on State Supreme Court Issues Contentious Spoliation Ruling
To frame the issue, first consider the following criticisms of the majority opinion from the two dissenting opinions: “Let me be clear at the outset. The majority opinion has abolished the tort of spoliation of evidence. I do not say this lightly. Under the majority’s decision, no plaintiff will ever be able to withstand a summary judgment motion for spoliation of...
Ten Considerations To Mitigate Exposure Before Shipping Crude By Rail
Posted on Mar 1, 2015 in Energy/Environmental, Investigations, Process Safety, Transportation | Comments Off on Ten Considerations To Mitigate Exposure Before Shipping Crude By Rail
Following two derailments of trains transporting crude in February, Sutherland attorneys Matt Gatewood, Susan Lafferty, and David McCullough issued the Legal Alert available here and copied below addressing ten considerations that any shipper or owner of crude should assess before shipping by rail. ***** Last week’s derailments in West Virginia and Canada bring more scrutiny to the...
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